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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
The Defendant, as the representative director of an agricultural company B (hereinafter “B”) established for the purpose of seeds and seedlings production and distribution business from around April 30, 2012 to August 9, 2012, is a person who has been engaged in overall management of business, such as company fund management.
1. The Defendant, such as an official electronic record, etc., and an official electronic record recorded as false, was willing to conclude that C, a shareholder of B, secured at least 50% of the B shares on April 2012, he/she participated in management by requesting entry in the shareholder list, etc., and was willing to conclude the issuance of converted bonds in order to lower C’s share ratio on the pretext of defending his/her management right.
On July 31, 2012, the Defendant: (a) had the Daejeon District Court civil petition office located in Seo-gu, Daejeon District Court; (b) had D enter the false fact that the total amount of the subscription price was paid in B in issuing converted bonds; (c) had D, on June 22, 2012, passed a resolution to issue KRW 980,000 in total amount of converted bonds at the board of directors meeting on June 22, 2012; and (d) completed the subscription and completed the full payment of converted bonds on June 28, 2012; and (c) had D, without knowledge of the fact, file an application for registration of change of the company with the purport that “the subscription price of the converted bonds of this case was paid in full at a face value of KRW 98,00,000,000 in total with the subscription price of the converted bonds of this case; and (d) had D, without delay, had D, preserve the changed commercial registration information system.
As a result, the defendant made the public electronic records, etc. record the false facts, and exercised the public electronic records, etc. recording the false facts.
2. The Defendant’s occupational embezzlement, as described in paragraph 1, possesses a passbook, etc. in the name of the victimized person at the time of the crisis where he/she would be deprived of his/her management right due to C’s management participation.